The Procedure of a Penal Order: the Peculiarities of the Procedure in the Absence of the Main Court Hearing and the Procedural Guarantees of a Suspect (Accused)
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Abstract
Like foreign analogs, Lithuanian penal order procedure is based on the principle that the goal of the criminal procedure is achieved without the main court hearing but only upon the will of an accused. It has been held in the jurisprudence of the European Court of Human Rights and of the Constitutional Court of the Federal Republic of Germany that such a procedure itself does not violate human rights. The Constitutional Court of the Republic of Lithuania has also held that penal order procedure which varies from the general constitutional model of a criminal procedure is permissible according to the Constitution as well.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
